Last update: October 2021
Your use of elnamedical.com, m-healthsolutions.com, privamed.com and newmarketfootcentre.com (the "Website") is offered to you by ELNA Medical Group Inc. ("ELNA Medical", "we", "us" or "our"), conditioned on your continued acceptance without modification of the terms, conditions and notices contained herein (the "Agreement"). We may revise the Agreement at any time, without notice, by updating this posting. You agree to review the terms and conditions periodically to be aware of such changes and your continued use shall be deemed acceptance of such changes.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, WHICH CAN BE FOUND AT THE FOLLOWING ADDRESS ELNA Privacy PolicyINCORPORATED IN THIS DOCUMENT BY REFERENCE. If you do not agree to be bound by the following terms and conditions, please do not access or use this website.
We reserve the right, at our sole discretion, to revise and update these terms and conditions from time to time. All such changes shall be effective immediately upon posting and shall apply to all access to and continued use of the Website. You agree to review the Terms and Conditions periodically to be aware of such changes and to accept them by your continued use of the Website.
The information and material on this website and the website may be changed, withdrawn or deleted at any time at our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the website is unavailable to users or unavailable at any time or for any period.
The information provided through this website is for informational purposes only and is not intended to be a substitute for professional medical advice, evaluation or counsel. You agree to evaluate and bear all risks associated with the use of this information, including any reliance on the availability, accuracy, completeness, usefulness or suitability of such information. This includes third party content that we make available on the website or to which we have access through the website.
You should consult a qualified doctor or other healthcare professional before making any decision or taking any action that could affect your personal well-being, as there is no substitute for having your situation examined by a qualified professional.
For your convenience, this website may provide links or access to third party websites. The inclusion of any linked website does not imply approval, endorsement or recommendation of the material on such websites or any association with their operators or any product or service of ours.
We do not make, and expressly disclaim, any warranty or condition, express or implied, statutory or otherwise, with respect to any third party websites accessed through the website, including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose or non-infringement, or any warranty that the information will be available, uninterrupted or error-free.
The security of your personal information is very important to us. We use physical, electronic and administrative measures designed to protect your personal information against accidental loss and against unauthorised access, use, alteration and disclosure.
The security of your information also depends on you. Users are responsible for their own access to the website. Users are responsible for ensuring that all persons who access the Website via their Internet connection are aware of these terms and conditions and comply with them. The Website, including content or areas of the Website, such as, but not limited to, the patient portal available on the Website, may require User registration. Use of the Website is subject to the accuracy, currency and completeness of any information you provide on the Website.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from our website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the website.
Providing registration information and any submissions you make to the Website through any functionality (such as the "Patient Portal" or "Appointment Calendar", applications, bookings, chat rooms, emails, notice boards, profiles, questionnaires and information library etc.) (collectively, the "Interactive Features") constitutes your consent to all actions we take with respect to such information in accordance with our Privacy Policy, which can be found here ELNA Privacy Policy.
Where applicable, any username, password or other piece of information that you have chosen or that has been provided to you as part of our security procedures must be treated as confidential and you must not disclose it to any other person or entity. You should exercise caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. You understand and agree that if an account is provided to you, that account is personal to you and you agree not to allow any other person to access this website or any part of it using your username, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You are responsible for any misuse of your password or any unauthorised access.
We reserve the right at any time and from time to time to deactivate or terminate your account, any username, password or other identifier, whether chosen by you or provided by us, in our sole discretion, for any reason or no reason, including any breach of any of the provisions of these terms and conditions.
You are prohibited from attempting to circumvent or violate the security of this Website, including but not limited to: (a) accessing content and data not intended for you; (b) attempting to breach or violating security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) unlawfully reproducing TCP/IP packet headers; (e) interfering with network services and otherwise disrupting the Website Owner's ability to monitor the Website ; (f) use any robot, spider or other automatic device, process or means to access the Website for any purpose including to monitor or copy the content of the Website; (g) introduce viruses, Trojan horses, worms, logic bombs or any other malicious or technologically harmful material; (h) attack the Website by means of a denial of service attack, distributed denial of service attack, flooding, mail bombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.
You understand and agree that the website and all of its content, features and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, sound, design, layout, selection and arrangement, are the property of ELNA Medical, its licensors or other suppliers of such materials and are protected in all forms by intellectual property laws, including, but not limited to, copyrights, trademarks, patents, trade secrets and all other proprietary rights.
The ELNA Medical name, the ELNA Medical logo and all related names, logos, product and service names, designs, images and slogans are trademarks of ELNA Medical, its affiliates or licensors. You may not use these marks without the prior written permission of ELNA Medical. Other names, logos, product and service names, designs, images and slogans mentioned or appearing on this website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, constitutes infringement or violation of the rights of the owner of the property and may be in violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your own personal, non-commercial use. You must not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from our website in any form or medium whatsoever, with the exception of :
a) your computer and browser may temporarily store or cache copies of the material you access and view;
b) a reasonable number of copies for personal use may be printed, retaining the proprietary notices, which may be used only for lawful non-commercial personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever; and
c) where social media platforms are linked to certain content on our website, you may take the actions that our website and these third-party social media platforms permit.
Users may not modify copies of any material from this website or remove or alter any copyright, trade mark or other proprietary notices contained in copies of material from this website. You may not access or use for any commercial purpose any part of the website or any services or materials available through the website.
If you print off, copy or download any part of our website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our discretion, return or destroy any copies of the material you have made. You have no right, title or interest in the website or its contents, and all rights not expressly granted are reserved by ELNA Medical. Any use of the website not expressly permitted by these terms and conditions is a breach of these terms and conditions and may infringe or violate copyright, trademark and other intellectual property or other proprietary rights.
As a condition of access and use, you agree to use the website only for lawful purposes and in accordance with these terms and conditions.
The following content standards apply to all content, materials and information that a user submits, posts, publishes, displays or transmits (collectively, "User Submissions") to the Website, other users or other persons (collectively, "User Submissions") and all interactive features. All User Submissions must comply with all applicable federal, provincial, local and international laws, regulations and terms of service.)
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Contribution shall not. :
(a) violate in any way any applicable federal, provincial, local or international law or regulation, including, without limitation, any law relating to the export of data or software, patents, trademarks, trade secrets, copyrights or other intellectual property rights, legal rights (including rights of publicity and privacy of others) or contain material that may give rise to civil or criminal liability under applicable laws or regulations or which may conflict with these terms and conditions and our privacy policy, which you can view here ELNA PRIVACY POLICY.
(b) violate in any way the terms of use of any third party website linked to the Website, including but not limited to any third party social media website.
c) Include or contain any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory on the basis of race, gender, religion, nationality, disability, sexual orientation, age or any other legally prohibited ground, or is otherwise objectionable, such determination to be made in ELNA Medical's sole discretion.
d) involve harassment, attempt to exploit or harm any person (including minors) in any way by exposing them to inappropriate content or requesting personal information, as prohibited by applicable laws, regulations or codes.
e) imply, provide or supply false, inaccurate or misleading information.
f) Impersonate or attempt to impersonate ELNA Medical, any ELNA Medical employee, any other user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
g) transmit or cause to be sent any advertising or promotions without our prior written consent, sell or encourage any other commercial activity, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
h) encourage any other conduct that restricts or inhibits any other person's use or enjoyment of the website, or which, in our sole discretion, may harm or expose ELNA Medical or users of the website to liability.
i) cause annoyance, inconvenience or needless anxiety, or be likely to upset, embarrass or alarm any other person.
j) promote any illegal activity, or advocate, promote or assist any illegal act.
k) give the impression that they originate from us or any other person or entity, or that they are approved by us or any other person or entity, if this is not the case.
The website may contain interactive functions enabling users to submit data on or via the website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by ELNA Medical. By providing a User Submission to the Website, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties such material for any purpose and in accordance with your account settings and/or incorporate such material in any form, media or technology, worldwide, without compensation to you. You further waive any moral rights or other copyrights as a condition of submitting a User Submission.
By submitting User Submissions, you represent and warrant that you own or have the necessary rights to submit User Submissions and that you have the right to grant us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns the license to the User Submissions and to comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and regulations and the standards for User Submissions and Site content set forth in these Terms and Conditions.
You understand and agree that you, and not ELNA Medical or ELNA Medical's parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are entirely responsible for any User Submission you submit or contribute, and that you are entirely responsible and legally liable, including to any third party, for that content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submission submitted by you or any other user of the Website.
ELNA Medical has the right, without prior notice, to:
YOU RELEASE AND HOLD HARMLESS ELNA MEDICAL AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM AND AGAINST ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ELNA MEDICAL AND ANY OF THE FOREGOING PARTIES IN CONNECTION WITH ANY INVESTIGATION BY ELNA MEDICAL OR ANY OF THESE PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation or liability to any party to monitor the Website or its use, and we do not and cannot undertake to review material that you or other users submit to the Website. We cannot guarantee that objectionable material will be promptly removed after posting and we are not responsible for any action or inaction regarding transmissions, communications or content provided by any user or third party, subject to applicable law.
The content of our website is provided for general information purposes only. It is not advice on which you should rely. You should obtain more specific or professional advice before taking, or refraining from taking, any action or inaction based on the content of our website.
While we use reasonable efforts to update the information on our website, we make no representation or warranty, express or implied, that the content of our website is accurate, complete or current. Your use of the website is at your own risk and neither ELNA Medical, its parent, subsidiaries, affiliates, nor any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors shall have any liability or obligation whatsoever with respect to your use of the website.
This website may include content provided by third parties, including other users and third party licensors. Any statements and/or opinions expressed in such third party content, other than content provided by ELNA Medical, are solely the opinions and responsibility of the person or entity providing such material. These materials do not necessarily reflect the opinion of ELNA Medical. Neither ELNA Medical, its parent, subsidiaries, affiliates, nor any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability to you or any third party for the content or accuracy of any third party materials.
By submitting your personal information and using our website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any user-submitted content in accordance with our privacy policy, which you can find here. ELNA PRIVACY POLICYThe information provided by users of the website is not confidential, and we consider it necessary for the use of the website.
By using this website, you consent to the use of cookies, which enable a server to remember previous requests or registrations and/or IP addresses in order to analyse website usage patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also configure your browser so that it disables cookies. In this case, some parts of the website may not function properly. For more information on these automated information collection practices, see our privacy policy. ELNA PRIVACY POLICY.
The owner of the website is based in Canada. We provide this website for use only by persons located in Canada. This website is not intended for use in any jurisdiction where its use is not permitted. If you access the website from outside Canada, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER ELNA MEDICAL, ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS OR SUCCESSORS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, ADEQUACY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ELNA MEDICAL, ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICE OR MATERIAL FOUND OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THE SECURITY OF YOUR COMPUTER, THE INTERNET AND YOUR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOAD, FLOOD, MAIL BOMB OR BREAKDOWN, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE WEBSITE OR ANY SERVICE OR MATERIAL FOUND OR OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ANY WEBSITE LINKED TO IT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL ELNA MEDICAL, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, INVASION OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON THE WEBSITE, ANY LINKED WEBSITE OR ANY OTHER THIRD PARTY WEBSITE, OR ANY WEBSITE CONTENT, MATERIALS, POSTINGS OR INFORMATION RELATED THERETO, EVEN IF THE PARTY WAS PURPORTEDLY ADVISED OR HAD REASON TO KNOW OF SUCH.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless ELNA Medical, its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, without limitation, your User Submissions, third party sites, any use of the Website content, services and products other than as expressly permitted in these Terms and Conditions.
The Website and these Terms shall be governed by and construed in accordance with the laws of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions, principles or rules (whether in Quebec or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and these Terms and Conditions shall be brought in the courts of the Province of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in connection with any such action or proceeding. You waive any objection to the exercise of jurisdiction by such courts over you and to the jurisdiction of such courts.
No failure to exercise or delay in exercising any right, remedy, power or privilege under these terms and conditions shall constitute or be construed as a waiver of any such right, remedy, power or privilege. The sole or partial exercise of any right, remedy, power or privilege hereunder shall not preclude any other exercise or the exercise of any other right, remedy, power or privilege.
If any term or provision of these terms and conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining terms or provisions of these terms and conditions and shall not invalidate or render unenforceable such term or provision in any other jurisdiction.
The Terms and Conditions and our Privacy Policy constitute the sole and exclusive agreement between you and ELNA Medical with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
This website is operated by ELNA Medical Group Inc. 5990 Ch. de la Côte-des-Neiges, Montreal, QC H3S 1Z5.
You may contact our Privacy Officer to ask questions about our privacy practices or to request access to your personal information. Our Privacy Officer can be contacted by post, telephone or e-mail at the following address:
ATTN: Privacy Officer
ELNA Medical Group Inc.
5990 Ch. de la Côte-des-Neiges
Montréal, QC
H3S 1Z6
PrivacyOfficer@elnamedical.com
